• divorce


    Sunset to some, sunrise to others...
    Either way, the outcome often pivots on the efficiency and experience of the attorneys handling the divorce proceedings.

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Mervyn Vermeulen
~ Specialist Divorce Lawyer - Johannesburg and West Rand ~

Divorce Procedures

Vermeulen Attorneys is a results-driven firm striving for excellence.
  • The Cost of Divorce

    The cost of a divorce is influenced by factors such as whether the divorce is opposed or unopposed, whether minor children are involved, where the parties reside, nationalities and so on. Depending on its complexity, an unopposed divorce could cost considerably less than an opposed divorce. Even though it may be uncontested, a properly drawn up settlement agreement can determine the outcome of a divorce in both the short- and long term.

    The Costly Option

    For a contested divorce, the cost could be considerably higher and even absorb an entire estate if allowed to go that far by the attorneys handling the matter. It is therefore vitally important to ensure that you obtain the services of a reputable divorce attorney who has all the necessary mediation, negotiation and litigation skills and, who also has your best interest at heart.

  • Contested Divorces

    Divorce proceedings are instituted or defended, depending on the nature of the divorce. The complexity and accompanying cost of a divorce could be significantly influenced by factors such as:

    • Maintenance and Child Support.
    • Parental Care of Children (Custody).
    • Contact with Visitation of Children.
    • The Grounds for Divorce, for example Family Violence, Adultery or Alienation of Affection.

    Uncontested Divorce

    In the event of divorce becoming inevitable, an unopposed divorce is the ideal scenario, This can potentially save the couple considerable amounts of time and money.

    However, care should be taken to ensure that the mediation process is fair and unbiased and that a proper settlement agreement is in place to protect all the parties. If children are involved, it is advisable, even for uncontested divorces to consult a divorce professional, even if only for guidance.

  • Maintenance

    In a nutshell, maintenance in this context refers to the financial support provided by one spouse to the other and/or children with regard to sustenance, housing, education, health care, or other needs considered necessary.

    A lot can be, and has been, written on the subject of maintenance. It is, however, beyond the scope of this article to discuss the topic at length, so we will just mention a few aspects to highlight, once again, the need for professional guidance.

    Components of Maintenance

    As part of the divorce process, your attorney will guide you through the numerous aspects of divorce maintenance, such as:

    • Application for child support and/or spousal maintenance
    • Rule 43 Application - Legal Cost and Maintenance
    • Determining the amount of maintenance for a spouse
    • Determining the amount for child maintenance
    • Form of payment of maintenance
    • Variation of the maintenance order
    • Collection of maintenance payments
  • Custody, Parental Care and Access

    When minors are involved, the divorce process becomes considerably more complicated. It would be unwise to venture into this arena without an experienced attorney.

    When the court decides on issues that involves a child, the best interest of the child takes precedence over other issues. Regardless of whatever arrangement a couple agrees upon amongst themselves,- in the final analysis -the court has sole discretion as to what it deems is in the child's best interest.

    Custody's Many Shapes and Forms

    What is often broadly referred to as 'custody', is in fact a whole new book with many chapters that could include:

    • Guardianship
    • Custody of a child
      • Sole custody; Split or divided custody
      • Joint custody; Joint legal custody; Joint physical custody
      • Deferred or postponed custody
    • Limitations on custodial rights
    • Access to a child

Divorce Attorneys

Hand holding throughout the divorce proceedings goes a long way towards making this period of time less painful and stressful for a divorcee, and often encourages and expedites recovery.


  • "Beware lest you lose the substance by grasping at the shadow."Aesop
  • "Life is like riding a bicycle. To keep your balance, you must keep moving." Albert Einstein
  • "When one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one which has opened for us."Alexander Graham Bell
  • "The best thing about the future is that it comes one day at a time."Abraham Lincoln


Important information on recent developments


Divorce Cases now in Regional Courts

Up until the Act was amended in August 2010 only a High Court could deal with divorce cases. Divorces can now be dealt with by a Regional Court, of which there are no fewer than 62 across South Africa.


  • Reduced time of finalisation of cases due to the reduced workload of more courts.
  • Reduced scale of costs in comparison to the High Court costs.
  • Divorce courts are now less complex, more accessible and hassle-free to approach.
Read Article


Splitting of retirement funds on divorce

The splitting of a spouse's pension should not be taken for granted. Almost a third of divorce settlements that award a share of a fund member's retirement savings to a non-member spouse are rejected by retirement fund administrators for a variety of reasons.

These reasons, which serve as just another reminder of the level of expertise required by divorce attorneys, could include:

  • the court order not stating the correct name of the fund;
  • the date of the divorce being after the member spouse left the fund;
  • the court order conflicting with the Pension Funds Act;
Read Article

Contact Mervyn Vermeulen

Call or send us an email

Tel : 010-109 1089

Our offices are conveniently situated off Hendrik Potgieter Rd in Roodepoort. They are easily accessible with ample secure parking.

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Ground Floor, Block A,
Willowvale Office Park,
15 Van Hoof Close, Ruimsig,
1724 Roodepoort
Int Tel: +27-(0)10-109 1089

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